A/HRC/4/21/Add.1 page 59 procession and caused damage to the moveable and immoveable property of Qadiyanis. An FIR (First Information Report) No. 165 dated 24.06.2006 u/s 295 – B of the Pakistan Penal Code was registered and the two above mentioned accused were arrested while two others accused are yet to be arrested. For their own safety, the district police shifted the Qadiyani families to a safer place. Cases have been registered by the local police against 25 known and 33 unknown persons for the damage caused to the properties of the Qadiyani families. In a meeting with the DCO Sialkot, the representatives and residents of the area ensured that they would cooperate in the maintenance of law and order in the area. The dislocated Qadiyani families have come back and are residing in their respective houses. At present there is no tension in the area. Survey of damage to the properties is also being carried out for paying compensation to the affected Qadiyanis. Observations 249. The Special Rapporteur is grateful for the response from the Government and she would like to refer to her observations concerning the joint urgent appeal sent on 15 February 2006. Communication sent on 26 September 2006 jointly with the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression 250. The Special Rapporteurs brought to the attention of the Government information they had received concerning the arrest of Sultan Dogar and Abdul Sattar Khan, both employees of the Daily Alfazal, a newspaper run by the Ahmadi community, in Lahore. On 9 September, Chenab Nagar (Rabwah) police raided the offices of the Daily Alfazal, where they arrested two of the newspaper’s employees, Sultan Dogar, a printer and Abdul Sattar Khan, a journalist. The two men were charged under article 298B (offence of a member of the Ahmadi faith misusing holy personages or places) and article 298C (offence of a member of the Ahmadi faith calling himself a Muslim) of the Pakistan Penal Code, article 16 of the Maintenance of Public Order Act and article 9 of the Anti-Terrorism Act. Abdul Sattar Khan was subsequently released, but Sultan Dogar is still in detention. According to the information received, the police have indicated that the raid was part of the Government’s policy of preventing the dissemination of hate literature. The charges are based on the articles in the newspaper which discussed Qadiyani beliefs and described Ahmadis as Muslims. Observations 251. The Special Rapporteur is concerned that she has not received a reply from the Government concerning the above mentioned allegation. She would like to refer to her framework for communications, more specifically to the international human rights norms and to the mandate practice concerning “Minorities” (see above para. 1, category III. 5.). 252. Furthermore she would like to make reference to her predecessor’s report on his country visit to Pakistan in June 1995 (E/CN.4/1996/95/Add.1, para. 82): “In the light of the above considerations, the Special Rapporteur has concluded, after careful thought and having studied the matter and consulted other views, that the present State laws related to religious minorities, and more generally speaking the subject of tolerance and non-discrimination based on religion or belief, are likely to favour or foster intolerance in society. The law applied specifically to the Ahmadi minority is particularly questionable and in some respects frankly unwarranted.”

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